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Changes to Infrastructure SEPP –
Determination of Landfill Applications
The purpose of this circular is to advise consent authorities of revisions to the Infrastructure SEPP. These relate to mandatory considerations for determining
applications for landfill facilities under Part 3A and Part 4 of the Environmental Planning and Assessment Act 1979.
Introduction
State Environmental Planning Policy (Infrastructure) 2007 (the Infrastructure SEPP) was introduced to facilitate the efficient delivery of infrastructure across the State.
Clause 123 of the Infrastructure SEPP prescribes criteria that consent authorities must consider when assessing and determining applications for landfill facilities.
On 7 July 2010 criteria in clause 123 were amended to reflect recent changes in market conditions for landfill disposal.
The new criteria shift the emphasis from justifiable demand towards increased waste recovery and other improved environmental outcomes.
Amendments to Clause 123
The new criteria are:
(a) Whether there is a suitable level of recovery of waste, such as by using alternative waste treatment or the composting of food and garden waste, so that the amount of that waste is minimised before it is placed in the landfill; and
(b) Whether the development:
i. adopts best practice landfill design and operation; and
ii. reduces the long term impacts of the disposal of waste, such as greenhouse gas emissions or the offsite impact of odours, by maximising landfill gas capture and energy recovery; and (c) If the proposal relates to a new or expanded
landfill:
i. whether the land on which the development is located is degraded land such as a disused mine site, and ii. whether the development is located so
as to avoid land use conflicts, including whether it is consistent with any regional planning strategies or locational principles included in the publication EIS Guideline: Landfilling (Department of Planning, 1996), as in force from time to time; and
(d) Whether transport links to the landfill are optimised to reduce the environmental and social impacts associated with transporting waste to the landfill.
In addition, the following definition has been added to the end of the clause:
(2) In this clause:
putrescible waste means general solid waste (putrescible) within the meaning of clause 49 of Schedule 1 to the Protection of the Environment Operations Act 1997.
The new criteria apply to all applications under assessment and therefore must be considered before any determination is made.
Further information
You may view a copy of the State Environmental Planning Policy (Infrastructure) 2007, including the clause 123 amendments, at the NSW Government’s legislation website:
http://www.legislation.nsw.gov.au/
PLANNING circular
PLANNING SYSTEM
Local planning Circular PS 10–016 Issued 12 July 2010 Related
Department of Planning circular PS 10–016
2 / 2 If you have further enquiries, please contact:
NSW Department of Planning
23–33 Bridge Street, Sydney NSW 200 GPO Box 39, Sydney NSW 2001 Tel: 02 9228 6111 Fax: 02 9228 6455 Email: [email protected] Note: This and other Department of Planning circulars are published on the web at
www.planning.nsw.gov.au/circulars
Authorised by:
Sam Haddad Director-General
NSW Department of Planning
Important note: This circular does not constitute legal advice. Users are advised to seek professional advice and refer to the relevant legislation, as necessary, before taking action in relation to any matters covered by this circular.
© State of New South Wales through the Department of Planning www.planning.nsw.gov.au
Disclaimer: While every reasonable effort has been made to ensure that this document is correct at the time of publication, the State of New South Wales, its agencies and employees, disclaim any and all liability to any person in respect of anything or the consequences of anything done or omitted to be done in reliance upon the whole or any part of this document.
